General Terms and Conditions (T&C)
Last updated: 01.05.2020
General Terms and Conditions for legal transactions of
Stöckachstraße 11, 70190 Stuttgart
1. General Information
1.1. These General Terms and Conditions (T&C) do not apply to commercial resellers.
1.2. Our deliveries, services and offers are exclusively based on these T&C in their valid version at the time of ordering. They are part of all the agreements we conclude with our customers (hereinafter referred to as “customer/they”) about the products—in particular goods, digital online or offline products and online services.
1.3. Deviations from these T&C require our express consent to become effective.
1.4. We expressly reserve the right to future changes to these T&C.
1.5. The minimum age for concluding a contract is 18. If the customer is a minor, the consent of their legal guardians (e.g., parents) is required.
1.6. Agreements about the delivery of physical items (e.g., books, text books, other print media, boxed trainers, CD-ROMs) are handled by our distribution centres,
Stuttgarter Verlagskontor GmbH, Rotebühlstraße 77, D-70178 Stuttgart,
Balmer Bücherdienst AG, Kobiboden, CH-8840 Einsiedeln Switzerland,
MELO, Pichler-ÖBZ GmbH & Co. KG, Industriezentrum NÖ-Süd-Strasse 1, Objekt 34, 2355 Wiener Neudorf, Postfach 133 Austria for the PONS GmbH.
The distribution centres dispatch and invoice goods on their own behalf. Questions about your order, should be directed to:
Stuttgarter Verlagskontor GmbH, Rotebühlstraße 77, D-70178 Stuttgart, phone: +49 (0)711 6672 1100, fax: +49 (0)711 6672 988 090 009 11, e-mail: email@example.com
Balmer Bücherdienst AG, Kobiboden, CH-8840 Einsiedeln, Tel. +41(0)55 418 89 89, Fax: +41 (0) 554188919, E-Mail: firstname.lastname@example.org
MELO, Pichler-ÖBZ GmbH & Co. KG, Industriezentrum NÖ-Süd, Strasse 1, Objekt 34, 2355 Wiener Neudorf, Postfach 133, Tel.: +43(0)223663535-290, Fax: +43 (0) 223 663535-243, E-Mail: email@example.com.
1.7. These T&C do not apply to products featuring forwarding “to our partner shop”. These products are delivered according to the conditions mentioned on the website of that partner.
1.8. The customer is a consumer if the purpose of the ordered deliveries and services cannot be largely attributed to their commercial or self-employed professional activity. A businessman, however, is any natural or legal person or legally responsible private company acting on behalf of their commercial or self-employed professional activity when concluding the contract.
2. Web Shop Contract Conclusion
2.1. The products by the brands PONS, Langenscheidt and Klett, which are presented in our online shop, e.g., on the www.pons.com, www.langenscheidt.com or www.klett-lerntraining.de websites, themselves do not constitute an offer to conclude a contract but are only an invitation to the customer to place an order.
2.2. By clicking the “Add to Basket” button the customer can place the product into a virtual shopping basket. This action is non-binding and does not constitute an offer to enter into an agreement. The customer can click the basket icon in the website toolbar at any time to see the contents of their shopping basket. Here, the customer can check their selected products and other entries in the shopping basket for errors and correct them, if necessary. By clicking the “Buy now” button, the customer submits a binding order to purchase the products contained in the shopping basket. Placing and submitting an order requires the customer to click the relevant checkbox to confirm that they accept our T&C and thereby include them in their request.
2.3. In case of orders via our web shop or by e-mail, the customer receives an automatically generated receipt confirmation to their e-mail address (“order confirmation”) after placing their order. The customer receives another overview of their order and our T&C with this order confirmation. The order confirmation only documents receipt of the order and does not constitute acceptance of the order.
2.4. The contract between PONS GmbH and the customer is concluded by delivering the ordered products.
2.5. If any of the products selected by the customer are unavailable when they place their order, we inform them about this immediately and refrain from accepting the order. In that case, no contract is concluded. If we have already received services in return, they are immediately reimbursed to the customer.
2.6. If the product ordered by the customer is only temporarily unavailable, we also immediately inform the customer about this in the order confirmation. If the delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. The customer’s legal right of revocation (see Clause 4 of these T&C) remains unaffected by this. In such a case, we are also entitled to withdraw from the contract. In the process, we immediately reimburse the customer for any payments already made.
2.7. We do not store the contractual text after contract conclusion. Customers have the option to register as a customer with us. In that case the order data can be retrieved via the customer account.
2.8. The contractual language is German.
3. Registering as a Customer; Access Data
3.1. In general, our websites which include the web shop and our online offerings can be used without registration unless otherwise specified in the product description or in conditions of use. Registration may be required to make full use of the offerings on our website.
3.2. To register, customers log in with their e-mail address and a password of their choice. E-mail address and password enable the customer to view and edit their data. The customer also has the option of giving themselves a user name of their choosing. The customer undertakes to provide true information.
3.3. The customer is obligated to keep e-mail address and password (“access data”) safe to ensure they cannot get lost or be disclosed to third parties. The customer is to immediately inform us if there is substantiated suspicion of misuse of their access data. PONS reserves the right to block access to the site in the event of abuse.
In this part we specify the provisions under which a user may use a dictionary or a dictionary package in the Langenscheidt Online Dictionary ("OWB") for use by one or more users.
There are various ways of using the OWB for a fee as part of a temporary subscription (hereinafter referred to collectively as "paid subscriptions").
4.1.1 Conclusion of a Named User Subscription:
The Named User subscription consists of the following components: the subscribed dictionary or dictionary package and the maximum number of additional users that can be registered for the subscription (Named Users).
In the Named User subscription, each user is known to the OWB and must register via the website (for this, Section 4.4 of these OWB General Terms and Conditions applies).
Redeeming an access code: Buyers of a printed product of the Langenscheidt brand, e.g. a printed Langenscheidt dictionary, receive depending on the product an access code to the OWB with the printed product. After successful registration and entry of the access code in the designated field on the website, the buyer then receives access to the dictionary available in the OWB for the purchased print product. As a Named User subscription, this access is personally limited to the Purchaser for a maximum period of 5 years starting from publication date of the book edition and is not automatically extended; ordinary termination is excluded in this respect.
4.1.2 Conclusion of an IP Range Subscription:
Within the framework of the IP Range Subscription, which cannot be concluded via the Website, the Subscriber (e.g. a company) shall inform PONS of the IP Range for which he wishes to activate the subscription. Access is granted to all users who call the OWB from a workstation within this IP range.
The right of use is granted for the number of users specified in the respective offer. An increase in the number of users is possible after prior written consent by PONS against a corresponding increase in subscription fees. A reduction of the number of users is possible for the first time after the end of the agreed subscription period.
4.1.3 Free access for testing
In addition to the chargeable usage options, free, temporary test accesses to the OWB are issued as part of marketing measures. After successful registration for a test access, the OWB may be used free of charge for the period specified in each individual case.
4.2 Contractual partner
The user contract concluded for one of the paid subscriptions (the "subscription contract") is binding for PONS GmbH ("PONS") and the user (the "user" or "subscriber"). In the event, that the user registers as an employee in the name or on behalf of his company or another legal entity, he declares with his registration/registration that he is entitled to enter into this contractual relationship for his company or for another legal entity in its name. In this case, the company or legal entity of the contractual partners of PONS.
4.3 Prerequisite for the use of the OWB
4.3.1 The subscriber of a paid subscription confirms to be at least 18 years old and legally competent. In order to use a test account, the user must be at least 14 years old and act with the consent of his legal representatives.
4.4 Registration for the OWB and conclusion of the contract
4.4.1 A user who wishes to activate a paid named user subscription for the use of the OWB, or who wishes to redeem an access code or activate test access, must register with the OWB on the website once with his user data and a password of his choice.
4.4.2 If a Named User Subscription with costs is concluded, the User may invite other Users to use the OWB via the OWB administration interface (hereinafter referred to as "Additional Users"), unless the User has concluded this Named User Subscription by redeeming an access code. The maximum number of Additional Users results from the respective scope of services of the selected subscription.
Invited Additional Users register with OWB using their e-mail address and a password of their choice. Alternatively, the user can create additional users directly via the OWB administration interface. In this case, the user assigns the passwords for the other users, who can later change them independently via the OWB administration interface.
Please note: the registration of an IP range or named user account does not take place via the website and is regulated separately and individually.
4.5 Scope of services of the OWB
4.5.1 The user may use the search function of the OWB. The dictionary or dictionaries that have been activated by the corresponding paid subscription or test access shall be used for this purpose.
4.5.2 The use is limited to a maximum of 3 parallel http sessions per user, unless otherwise regulated within the scope of an IP range subscription.
4.6 Subscription fees and payment
4.6.1 The fees for the OWB subscription are due at the beginning of the respective subscription period. Details of the subscription fees and payment methods can be found in the respective offer.
4.6.2 PONS may interrupt the services or terminate their use if the fees have not been paid within 30 days of the due date.
4.6.3 PONS may change the parameters that determine the price for the agreed use of the OWB for the future (price per dictionary or dictionary package, number of sessions, number of users in the package). PONS must inform the Subscriber of this at the latest 45 days prior to the next renewal of the contract in the case of a monthly subscription and at the latest 6 months prior to the next renewal of the contract in the case of an annual subscription. The above does not apply to a Named User subscription which the user has concluded by redeeming an access code.
4.7 Term and termination of the subscription contract
4.7.1 The contract duration depends on the respective contract type (e.g. Named User subscription, test access). The duration of a contract concluded via this website will be indicated prior to conclusion of the contract.
4.7.2 The ordinary cancellation of a subscription is possible for the subscriber and for PONS, namely
(i) for monthly subscriptions in written form at any time after expiry of the first month after conclusion of the contract. The cancellation will then take effect on the last day of the following month. If the subscription is not cancelled, it is automatically extended by a further month.
(ii) in the case of annual subscriptions, in writing no later than three months before the expiry of the 12-month term, starting from the order date. The cancellation will then take effect on the last day of the 12-month period. If the subscription is not cancelled in due time, it will automatically be extended by a further 12 months.
4.7.3 Both PONS and the subscriber may terminate the contract at any time for good cause. Important grounds for termination include, but are not limited to, (i) the other party's material breach of the terms of the Agreement and failure to remedy the breach within 30 days of receipt of written notice, or (ii) the other party's cessation of business or filing for bankruptcy.
4.8 Accessibility of the service, reduction
PONS aims at an average OWB availability of 98% per calendar year. Accessibility is calculated according to the following formula: Accessibility = (total time - total downtime) / total time * 100%. The following times are not taken into account when calculating the total downtime:
(i) Times of unavailability which are due to disturbances of the Internet which cannot be influenced by PONS or other circumstances for which PONS is not responsible, in particular force majeure (e.g. strike, lockout, natural disasters, fire, terrorism);
(ii) Times of unavailability due to scheduled maintenance work on the OWB, which are carried out from time to time between 6.00 a.m. and 8.00 a.m;
(iii) Times due to mandatory unscheduled work necessary to eliminate technical faults (the client will be informed of this as far as possible by a reference on the OWB website);
(iv) periods of unavailability due to the fact that the necessary technical prerequisites to be created by the client for access to the OWB are temporarily not met, e.g. due to a malfunction of the client's hardware.
If accessibility is not achieved during a billing period, the subscription fees for this billing period may be reduced proportionately.
5. Right of Revocation
5.1. If the customer is a consumer, they have a legal right of revocation. he has a legal right of revocation in Germany and Austria.
5.2. The following applies to contracts about the delivery of physical items (e.g., books, text books, other print media, CD-ROMs):
You have the right to revoke this contract within fourteen days without giving reasons.
The cancellation period is fourteen days from the day on which you or a third party appointed by you, who is not the carrier, took the last goods into your/its possession.
To exercise your right of revocation, you must inform
Stuttgarter Verlagskontor GmbH, Rotebühlstraße 77, D-70178 Stuttgart, phone: +49 (0)711 6672 1100, fax: +49 (0)711 988 090 009 11, e-mail: firstname.lastname@example.org
by means of a clear declaration (e.g., a letter sent by post, a fax or an e-mail) of your decision to revoke this contract. You can use the enclosed sample revocation form; this is not a requirement, however; you can also choose other unequivocal means to make your statement. If you make use of this option, we immediately send you (e.g., by e-mail) a confirmation of receipt of such a revocation.
To comply with the terms of the revocation period, it is sufficient to send your notice of revocation before the revocation period expires.
Consequences of Revocation
We are entitled to withhold payment of this refund until we have received the goods returned by you or until you have evidenced that you have returned the goods, whichever event occurs sooner.
You are to return or hand back the goods immediately, and in any case no later than fourteen days from the date on which you notified us of your revocation of this contract, to
Stuttgarter Verlagskontor GmbH, Rotebühlstraße 77, D-70178 Stuttgart, fax: +49 (0)711 988 090 009 11.
The notice period is considered complied with if you dispatch the goods prior to the period of fourteen days expiring.
You are liable for the direct costs of returning the goods.
You are liable have to pay for any loss in value of the goods only if this was caused by handling the goods in a manner other than would be required in order to check their composition, properties or functionality.
End of Revocation Instruction
Sample Revocation Form
(Please fill in this form and return it to us if you wish to revoke the contract about the delivery of physical items.)
I/we (*) hereby revoke the contract I/we (*) have concluded regarding the purchase of the following goods (*) / rendering of the following service (*)
Ordered on (*) / received on (*)
(*) Please delete as appropriate
5.3. The following applies to contracts regarding the delivery of digital content (e.g., digital maps, mobile school apps for entire classrooms) and contracts regarding services (e.g., online services):
Right of Revocation
The revocation period is fourteen days starting from the date of contract conclusion.
To exercise your right of revocation, you must inform
PONS GmbH, Stöckachstraße 11, D-70190 Stuttgart, e-mail: email@example.com.
To comply with the terms of the revocation period, it is sufficient to send your notice of exercising your right of revocation before the revocation period expires.
Consequences of Revocation
End of Revocation Instruction
Contracts about services require the customer’s consent that the service is to begin before the revocation period expires. Contracts about the delivery of virtual digital content (e-books, e-papers, software download) require consent that the contract is to be executed before the revocation period expires. In both cases the customer may lose their right of revocation before the revocation period expires when the provider begins to execute the contract (by activating their access and/or providing the download); in case of services, however, this only applies if the service has been fully rendered. The customer has confirmed their understanding of the fact that their consent may mean that they lose their right of revocation before the revocation period expires.
Sample Revocation Form
(Please fill in this form and return it to us if you wish to revoke the contract about the delivery of digital content.)
– Recipient: PONS GmbH
- Ordered on (*) / received on (*)
- Name(s) of consumer(s)
- Address(es) of consumer(s)
- Signature of consumer(s) (only with paper communication)
(*) Please delete as appropriate
5.4. The right of revocation does not apply to distance selling contracts:
5.4.1. for the delivery of goods which are not prefabricated and that are produced based largely on a personalised selection or definition by the consumer, or which are uniquely tailored to the personal requirements of the consumer;
5.4.2. for the delivery of sound or video recordings or of computer software in sealed packaging if the seal has been removed after delivery.
6. Cost-Covering Obligation in the Event of Revocation
In the event of revocation, the customer bears the direct costs of returning the goods.
7. Conditions of Delivery
7.1. The delivery throughout Germany is made at the latest within 3 to 10 working days of order receipt or (in the event of advance payment) after a payment order is issued to the transferring bank. Delivery to so-called “Packstationen” (parcel deposits for self-pickup) is not possible. The conditions listed in Clause 8.4 apply to international deliveries.
7.2. The delivery is made to the delivery address specified by the customer.
7.3. The distribution centres referred to in clause 1.6 decide how the goods are delivered. They are entitled to partial deliveries and partial invoices if the ordered titles are temporarily unavailable and/or not yet published and where this is acceptable for the user.
8. Prices; Payment Conditions
8.1. The applicable prices are those in effect at the time of ordering. All prices are subject to confirmation.
8.2. The applicable German legal value-added tax is added to orders (gross final price) by consumers in Germany or an EU country.
8.3. If customers ordering from an EU country present a VAT ID, their delivery is made at the applicable net final price, i.e., gross final price minus applicable German legal value-added tax.
8.4. If customers, regardless of whether they are consumers or businessmen, are ordering from non-EU countries, the specified prices are net prices, i.e., without the applicable German legal value-added tax. Customers from non-EU countries are to bear all the nationally applicable taxes and other local fees (such as customs duties) arising in connection with their purchase of the ordered goods.
8.5. The value-added tax applicable in customer’s country of residence or where the customer has his physical address or habitual place of residence is added to the invoice for all electronic services (online products) ordered by consumers from EU countries.
8.6. The following payment terms apply:
8.6.1. Payment is made on account. In individual cases, however, Stuttgarter Verlagskontor GmbH reserves the right to request advance payment. This applies, for example, if the customer is in arrears with prior invoices or if the order value of all invoices still open on the part of the customer exceeds €150.
8.6.2. Invoices are only issued in Euro.
8.6.3. These payment terms are also stated on the invoice. In rare cases where the invoice does not provide this information, the following applies: Invoice amounts are payable without deduction within 30 days after the customer has received the invoice. Payment is to be made by wire transfer to one of the bank accounts of the distribution centre that invoices.
8.6.4. In case of late payment, the distribution centres is entitled to demand default interest. The customer’s obligation to pay default interest does not exclude the right to assert further damage caused by delay.
9. Shipping Costs
9.1. Orders with an order value of €10 or more are delivered free of shipping costs within the Federal Republic of Germany. For orders with an order value of less than €10, we charge a flat shipping rate of € 2.50 for postage and packaging, applicable to online orders for delivery within the Federal Republic of Germany. Contrary to the first Sentence 1 in this section, we charge a flat shipping rate of €4.45 for orders not placed via our online shop (i.e., orders by fax, phone or post).
9.2. Partial deliveries of temporarily unavailable items are delivered free of shipping costs.
9.3. The orders are packaged and shipped by means that are—at our discretion—the most economical, unless the shipping agent objects.
9.4. Shipping costs outside Germany
For deliveries outside Germany, shipping costs will be charged according to the table below.
shipping and handling
Up to EUR 20,-
From EUR 20,-
Up to EUR 50,-
From EUR 50,-
All other European countries
Up to EUR 100,-
All other European countries
From EUR 100,-
Up to EUR 100,-
From EUR 100,-
For EU member states VAT is added.
10. Special Conditions for Teachers and Trainee Teachers
Products identified in our online shop by the icon or with an Infolink are teacher’s test specimens to consider possible introduction into lessons; they are offered with 20 % test price reduction a discount of 20% and the right of return within three months. The test price discount is not available for teachers/trainees in Austria.
11. Conditions of Use for Digital Online or Offline Products, Online Services and Software
11.1. Our website offers digital products such as learning portals, downloads, additional content for certain titles, exercise sheets, learning videos and other displayed content. Our “Conditions of Use for Digital Products and Online Services” apply to these digital products in addition to the regulations in these T&C. The particularities named in Clause 5.3 apply to the right of revocation.
11.2. The use of digital offline products and software is subject to the product descriptions shown to the customer while ordering. Our “Conditions of Use for Digital Products and Online Services” apply in addition to the regulations in these T&C. The particularities named in Clause 5.3 and 5.4.2 apply to the right of revocation.
12. Offsetting; Exercising the Right of Retention
The customer is entitled to offset only if their counter-claims are judicially binding or uncontested or have been recognised by us in writing. The customer may exercise a right of retention only if the claims result from the same contractual relationship.
13. Retention of Ownership
The delivered goods remain our property until they have been paid in full. If the customer is a businessman, we reserve the right of ownership of the goods we have delivered until all demands from the entire business relationship have been fully redeemed. Ownership of the goods is not transferred to the customer until the purchase price has been paid in full.
In general, in the event of material defects and defects of title, legal regulations apply, in particular, Sect. 434 et seq. BGB (German Civil Code). The buyer’s demands for defects lapse within two years after delivery of the goods. Contrary to this, the limitation period is twelve months if the customer is a businessman.
15.1. Irrespective of other legal conditions of entitlement, our liability is subject to the following exclusions and limitations.
15.2. We assume liability if intent or gross negligence are imposed on us. In case of ordinary negligence, we assume liability only if an obligation has been violated that needs to be fulfilled to enable proper execution of the contract; the contractual partner regularly trusts and may trust the compliance with that obligation (so-called material contractual obligation). Otherwise, liability for claims for damages of any kind, regardless of their basis for claim, including liability for fault at contract conclusion, is excluded.
15.3. If we assume liability for ordinary negligence according to Clause 15.2, our liability is limited to such losses as can be typically expected to arise from the circumstances known to us at contract conclusion.
15.4. The above exclusions and limitations of liability do not apply (i) if we have assumed a guarantee for the composition of the goods; (ii) to damage to life, limb or health; or (iii) to statutory rights.
15.5. The stipulations of the German Product Liability Act remain unaffected.
16. Dispute Resolution for Consumers
16.1. We always strive to maintain a good understanding with our customers. If there are any issues, our customers can contact our customer service at any time. Our customer service is available at firstname.lastname@example.org. There is no obligation to contact our customer service; your rights remain unaffected without limitations.
16.2. The European Commission has set up a platform for online dispute resolution. It is available on www.ec.europa.eu/consumers/odr. Consumers can use this platform for resolving disputes. Our e-mail address is email@example.com.
16.3. We do not participate in dispute resolution proceedings in front of a consumer arbitration board. There is no obligation to participate in dispute resolution proceedings in front of a consumer arbitration board.
17. Concluding Provisions
17.1. The right of the Federal Republic of Germany applies. The UN law on the sale of goods (CISG) is excluded. If the customer is a consumer and their main residence is in an EU country other than Germany and they have no physical address in the Federal Republic of Germany, the mandatory consumer protection rules of the EU country of their main residence still apply.
17.2. If the customer is a merchant, a legal person under public law or a special fund under public law PONS’ place of jurisdiction is Stuttgart, Germany, or, at the discretion of PONS, the customer’s place of jurisdiction.
17.3. If individual provisions of these T&C are fully or partially void by law or ineffective, the validity of the remaining provisions remains unaffected. The statutory regulation replaces the ineffective provision. The parties undertake to agree on a regulation coming closest to the economical aim and purpose of the ineffective provision.